Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1887-01-05
RUMORED JUDICIAL CHANGE.


II is rumored that Governor West, on
his return from the East, will issue
designating Manti as the
place for holding the February term
of the First District Court, instead OF
Provo, and Logan for the May term
instead of Ogden. The DEMOCRAT |
was aware that the Governor some |
time ago was considering the matter OF
increasing the number OF places for hold
ing the sessions Of the First and Second !
District Courts, Logan, Manti and st.
George being the towns to be added TO
the present list. These are the three
temple towns OF the Territory, and are
all almost exclusively populated with
Mormons. The Governor had evidently
conceived the idea that the holding OF
Federal Courts in these strongly Mormon
sections would have beneficial effect, by
enlightening the people in regard to the
law, and causing them to more fully
realize the extent Of its power. While,
perhaps, to some extent, such might be
the result, the injurious effects would lar
more than offset any good which could
reasonably be anticipated by the change.
In the first place, the criminal and civil
calendars, both at Provo and Ogden, are
exceedingly heavy. A years steady
work by the presiding Judge, without
other adjournments than those that are
necessitated by the sessions OF the Su-
preme Court and the recurrence OF legal
holidays, would still leave the calendars
encumbered with large amount OF old
business, without including any new
which may accrue in the mean time. To
lessen the facilities for disposing OF the
grievous wrong to the litigants in civil
suits, and greatly retard the progress, ii
it did not actually defeat the ends of
justice in many criminal cases. As a
matter of economy to the Government,
the change would be decidedly unfavor-
able. The expense in the Marshal's S
office alone would be increased upwards
OF 10000, and the additional expendi.
lures for rent, mileage for jurors, wit
nesses, ETC., would, at the lowest esti
mate, bring the aggregate expenses o.
the court up to double the present figures
Then there are no suitable buildings for
holding court at Logan, Manti or st
George, unless the Government should
confiscate the temples OF the polygamists
and convert them into Temples OF Justice
Jurors could be obtained at none OF those
places. They would have to be brough
from distance, and hotel accommoda
tions being extremely limited, they would
have to be quartered among the Mormon
families of the towns. 1t is the policy o
the law to subject jurors as little as pos
sible to surroundings calculated to bias
their judgment or influence their actions
in deciding upon their verdicts. The
associations and influences at such places
as Logan, Manti and st. George woulC
certainly not tend to the rigid enforce
ment OF the Edmunds law The conveninl
of the court at any of these towns would
be the signal for the departure for all
local unlawful cohabitors and unwilling
witnesses for the underground, there tC
tarry until the adjournment. These art
few of the many reasons which can b'
urged against the change. Justice, econ
omy, public policy and the interests anC
convenience of itigants, jurors, witnesses
officers, attorneys and Judges, all cry
out against it. We trust that the rumo
Of the change will prove untrue. Gov
ernor West is level-headed man, il
strictly conscientious, and is unquestion
ably actuated by the sincerest motives il
the discharge OF his official duties. If h,
should issue the rumored proclamation
he will make mistake, and one whicl
we are confident he will regret NOR
keenly than any person in the Territor.
when the results shall have been devel
oped. We do not believe, however, tina
he will make such a mistake. Like al
sensible men, he is open to conviction
and we are confident that he will not &C
before having carefully investigated an,
considered the matter, and that such in
vestigation and consideration will con
vince him that the change he had con
templated would be an unwise and disas
trous one. What is needed in this Ter
ritory is another Associate Justice. Con
gress should pass bill providing for an
other judicial district with a presdin
Judge. This would relieve Judge Hen
derson of a portion of the labors at pres
ent devolving upon him, which ar
greater than should be imposed upo
any District Judge. 1t would also Great
Supreme Court, composed OF three ac
ing judges, neither OF whom had passe
in a lower court upon any case whic
might come before the higher tribunl
for adjudication the present syster
being as anomalous TO law and justice q
it is to common sense.
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